Dominic Hannigan (Labour)

I welcome the Minister of State. As the economic health of the country deteriorates, it is easy to forget there are many issues of real importance which have not gone away. Gangland crime and the gun culture are but two of those issues. It is great, therefore, that we are debating this matter today because some of the issues to which I refer require legislative attention. Senator Norris referred to growing up in the 1930s and 1940s when there was no gangland culture in this country. At the time, that culture only existed in places such as Chicago. Now, however, gangland crime is to be found in all our cities and in many of our towns.

I welcome the introduction of the Criminal Justice (Surveillance) Bill 2009, which could serve as a useful weapon for the Garda in its fight against gangland crime and criminals in general. Placing Garda surveillance rights on a lawful basis and allowing surveillance to be used as evidence in courts of law will remind the gangs and criminals who plague our society that we will not be intimidated by the increasingly brutal way in which they mete out what they consider to be gang justice. It is vital to send a message that regardless of who is in government, anyone who inflicts pain on law-abiding, decent people will be pursued and punished to the full extent of the law.

Measures such as those contained in the Criminal Justice (Surveillance) Bill 2009 will be of assistance but, more importantly, they will send a signal that where specific legislative measures or provisions are inadequate, the State will adapt and introduce tough legislation that will confer on the Garda the powers and resources necessary to address the reality of the situation with which we are faced.

I am concerned about some of the suggestions relating to the Bill. I refer, for example, to expanding the Special Criminal Court in an effort to counter witness intimidation. As the Irish Council for Civil Liberties, ICCL, recently pointed out, an expansion of these powers is unnecessary and would make very little difference in tackling the problem of witness intimidation. I fully support the ICCL's assertion that while intelligence-led policing is welcome, human rights should be an integral element to our policymaking process.

I have stated previously that I favour a two-pronged approach in dealing with the broader issue of gangland and gun related crime. Such an approach must at once be tough but must also be soft in respect of certain issues, such as investing in individuals and communities that are at risk from gangs and organised crime. It is my view that in terms of concrete powers, considerable ground will have been gained by the end of the year. The reform of handgun licences, coupled with the Criminal Justice (Surveillance) Bill 2009, can assist in rebalancing the burden of fear from the innocent law-abiding member of society, back to the gangs, the criminals and the murderers.

It is difficult to speculate about or lend unqualified support to legislation relating to gang membership without seeing specific proposals. The drafting of such legislation requires time and at present we would merely be debating the issue in a vacuum. The Labour Party will not support dangerous and highly polarising initiatives that equate young people hanging around on street corners with hardened, dangerous criminals. Any legislation to deal with gang membership must be approached carefully and in a manner that does not criminalise some of the more transient and naive characteristics of youth.

When I spoke on gun crime recently, I emphasised the need to invest in the elite Garda units that have expertise in dealing with gun and gang-related crime. On Sunday, I read reports that commended the innovative work practices that are evolving at the crime and security section in the Phoenix Park. By all accounts, detectives and specialised gardaí are trained to a level that meets international standards and these developments are welcome. I was disappointed, however, to read this morning that plans to build a new Garda centre for training in firearms have been abandoned as part of cost-saving measures.

I was also disappointed that the Minister of State gave no commitment to put the witness protection programme on a statutory footing. Many Members of this House and of my party have been calling for this for some time. It has been supported by experts and would be a useful tool for gardaí so the programme should be reconsidered.

These harder measures will help but it is crucial that we follow up with soft power. Investment in communities and intervention in the lives of young people at risk of joining gangs or engaging in criminality are essential if we are serious about eradicating gangland crime into the future.

We also need to look at how we treat our prisoners. Currently our prisons are overcrowded and the situation is so bad that according to the Prison Officers Association, prisoners are now sleeping on mattresses in the reception area in Mountjoy Prison. Conditions such as these will not help rehabilitation and I worry that recidivism rates will rise.

Hard power must be used to neuter the abilities, means and resources of the current generation of gangs and criminals. Soft power — intervention, education, training, rehabilitation and the provision of hope — will provide the necessary follow through to dissuade future generations from choosing a life of criminality.

As I mentioned previously, it is crucial that we deploy resources, including early intervention strategies, towards high crime regions and areas with lower socio-economic demographics. While it is essential that we tackle and punish the perpetrators of crime, it is also our duty to show a generation of potential criminals that there is a better way of life.

There are some interesting examples of this approach in Britain at the moment. Last month, a charity based in Derby was given a £70,000 grant to help young people at risk of joining gangs by improving their access to jobs and training. Interestingly, the money came from the private sector — Lloyds TSB issued the three-year grant that will cover workshops, support classes and after-school development courses. Not everything has to come from the State, but the State can certainly provide leadership and incentive. Given how much money the taxpayer has now poured into our banks, it would be appropriate to see these kinds of schemes included in the small print of the recapitalisation deals.

We cannot tackle these problems in isolation and brute force alone simply will not work. A two-pronged strategy that builds trust, fosters hope and opportunity and provides a route away from crime, while also pursuing and punishing those who do choose that life, is the most effective way to save and intervene in these troubled communities.